I 

113TH CONGRESS 

1ST SESSION H. R. 830 

To provide immigration reform by securing America’s borders, clarifying and 

enforcing existing laws, and enabling a practical employer verification 

program. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2013 

Mr. GRAVES of Missouri (for himself, Mr. NUNNELEE, Mrs. HARTZLER, Mr. 

HALL, and Mr. ROHRABACHER) introduced the following bill; which was 

referred to the Committee on Homeland Security, and in addition to the 

Committees on the Judiciary, Ways and Means, Education and the Workforce, Oversight and Government Reform, Armed Services, Agriculture, 

and Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide immigration reform by securing America’s borders, clarifying and enforcing existing laws, and enabling 

a practical employer verification program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Secure America Through Verification and Enforcement 

6 Act of 2013’’ or as the ‘‘SAVE Act of 2013’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 830 IH

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SECURING AMERICA’S INTERNATIONAL BORDERS 

Subtitle A—Manpower, Technology, and Infrastructure Improvements 

Sec. 101. Manpower. 

Sec. 102. Technology. 

Sec. 103. Infrastructure. 

Sec. 104. Aerial vehicles and surveillance systems. 

Subtitle B—Strategies and Progress Reports for Securing America’s Borders 

Sec. 111. National strategy to secure the borders. 

Sec. 112. Accountable financing of a secure border initiative. 

Subtitle C—Rapid Response Measures 

Sec. 121. Deployment of border patrol agents. 

Sec. 122. Border patrol major assets. 

Sec. 123. Electronic equipment. 

Sec. 124. Personal equipment. 

Sec. 125. Authorization of appropriations. 

Subtitle D—Border Infrastructure and Technology Modernization 

Sec. 131. Definitions. 

Sec. 132. Expansion of commerce security programs. 

Subtitle E—Other Border Security Initiatives 

Sec. 141. Alien smuggling and terrorism prevention. 

Sec. 142. Border security on certain Federal land. 

TITLE II—ENDING UNLAWFUL EMPLOYMENT 

Subtitle A—Employee Verification 

Sec. 201. Mandatory employment authorization verification. 

Sec. 202. Monitoring and compliance. 

Sec. 203. Mandatory notification of SSN mismatches and multiple uses. 

Sec. 204. Establishment of electronic birth and death registration systems. 

Sec. 205. Penalty for failure to file correct information returns. 

Sec. 206. Authorization of appropriations. 

Subtitle B—Nondeductibility of Wages Paid to Unauthorized Aliens 

Sec. 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income. 

TITLE III—ENHANCING AND UTILIZING CURRENT INTERIOR 

ENFORCEMENT METHODS 

Sec. 301. Increase investigative efforts. 

Sec. 302. Increased oversight of agents. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 830 IH

Sec. 303. Border relief grant program. 

Sec. 304. Authorization of appropriations. 

Sec. 305. Regulations. 

Sec. 306. Rewards program. 

Sec. 307. Increased detention facilities for aliens apprehended for illegal entry. 

Sec. 308. Additional Immigration Judgeships and law clerks. 

Sec. 309. Media campaign. 

1 TITLE I—SECURING AMERICA’S 

2 INTERNATIONAL BORDERS 

3 Subtitle A—Manpower, Tech4 nology, and Infrastructure Im5 provements 

6 SEC. 101. MANPOWER. 

7 (a) BORDER PATROL AGENTS.—Section 5202 of the 

8 Intelligence Reform and Terrorism Prevention Act of 

9 2004 (Public Law 108–458; 118 Stat. 3734) is amended 

10 to read as follows: 

11 ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 

12 AGENTS. 

13 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home14 land Security shall, subject to the availability of appropria15 tions for such purpose, increase the number of positions 

16 for full-time active-duty Border Patrol agents within the 

17 Department of Homeland Security (above the number of 

18 positions for which funds were appropriated for the pre19 ceding fiscal year), by— 

20 ‘‘(1) 1,500 in fiscal year 2014; 

21 ‘‘(2) 1,000 in fiscal year 2015; 

22 ‘‘(3) 1,000 in fiscal year 2016; 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 830 IH

1 ‘‘(4) 1,000 in fiscal year 2017; and 

2 ‘‘(5) 500 in fiscal year 2018. 

3 ‘‘(b) ALLOCATIONS.—Of the Border Patrol agents 

4 hired under subsection (a), 80 percent shall be deployed 

5 along the southern border of the United States and 20 

6 percent shall be deployed along the northern border of the 

7 United States. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—The 

9 necessary funds are authorized to be appropriated for each 

10 of fiscal years 2014 through 2018 to carry out this sec11 tion.’’. 

12 (b) INVESTIGATIVE PERSONNEL.— 

13 (1) ADDITIONAL INVESTIGATIVE PERSONNEL

14 FOR ALIEN SMUGGLING.—In addition to the posi15 tions authorized under section 5203 of the Intel16 ligence Reform and Terrorism Prevention Act of 

17 2004, as amended by paragraph (1), during each of 

18 the fiscal years 2014 through 2018, the Secretary 

19 shall, subject to the availability of appropriations, in20 crease by not less than 350 the number of positions 

21 for personnel within the Department assigned to 

22 specifically investigate alien smuggling. 

23 (2) ADDITIONAL FUNDS AND PERSONNEL FOR

24 THE TUNNEL TASK FORCE.—Subject to appropria25 tions, the fiscal year 2014 budget of the Tunnel 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 830 IH

1 Task Force, a joint force comprised of Immigration 

2 and Customs Enforcement (ICE), Customs and Bor3 der Patrol (CBP), and Drug Enforcement Adminis4 tration (DEA) personnel tasked to pinpoint tunnels 

5 that are utilized by drug lords and ‘‘coyotes’’ to 

6 smuggle narcotics, illegal aliens, and weapons, shall 

7 be increased by 50 percent above the fiscal year 

8 2007 budget. Such increase shall be used to increase 

9 personnel, improve communication and coordination 

10 between participant agencies, upgrade technology, 

11 and offer cash rewards and appropriate security to 

12 individuals who provide the Tunnel Task Force with 

13 accurate information on existing tunnels that breach 

14 the international borders of the United States. 

15 (3) AUTHORIZATION OF APPROPRIATIONS.— 

16 The necessary funds are authorized to be appro17 priated to the Secretary for each of the fiscal years 

18 2014 through 2018 to carry out this section. 

19 (c) RECRUITMENT OF FORMER MEMBERS OF THE

20 ARMED FORCES AND MEMBERS OF RESERVE COMPO21 NENTS OF THE ARMED FORCES.— 

22 (1) REQUIREMENT FOR PROGRAM.—The Sec23 retary, in conjunction with the Secretary of Defense, 

24 shall establish a program to actively recruit covered 

25 members (a member of a reserve component of the 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 830 IH

1 Armed Forces) or former members of the Armed 

2 Forces and National Guard to serve in United 

3 States Customs and Border Protection. 

4 (2) REPORT ON RECRUITMENT INCENTIVES.— 

5 Not later than 90 days after the date of enactment 

6 of this Act, the Secretary and the Secretary of De7 fense shall jointly submit to the ‘‘appropriate’’ com8 mittees of Congress a report that shall include an 

9 assessment of the desirability and feasibility of offer10 ing an incentive to a covered member or former 

11 member of the Armed Forces for the purpose of en12 couraging such member to serve in United States 

13 Customs and Border Patrol and Immigration and 

14 Customs Enforcement— 

15 (A) the Secretary must provide a descrip16 tion of various monetary and non-monetary in17 centives considered for purposes of the report; 

18 and 

19 (B) the Secretary must provide an assess20 ment of the desirability and feasibility of uti21 lizing any such incentive. 

22 (3) RECOMMENDATIONS FOR RECRUITMENT IN23 CENTIVES.— 

24 (A) MAXIMUM STUDENT LOAN REPAY25 MENTS FOR UNITED STATES BORDER PATROL


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 830 IH

1 AGENTS WITH A TWO-YEAR COMMITMENT.— 

2 Section 5379(b) of title 5, United States Code, 

3 is amended by adding at the end the following: 

4 ‘‘(4) In the case of an employee (otherwise eligi5 ble for benefits under this section) who is serving as 

6 a full-time active-duty United States Border Patrol 

7 agent within the Department of Homeland Secu8 rity— 

9 ‘‘(A) paragraph (2)(A) shall be applied by 

10 substituting ‘$20,000’ for ‘$10,000’; and 

11 ‘‘(B) paragraph (2)(B) shall be applied by 

12 substituting ‘$80,000’ for ‘$60,000’.’’. 

13 (B) RECRUITMENT AND RELOCATION BO14 NUSES AND RETENTION ALLOWANCES FOR PER15 SONNEL OF THE DEPARTMENT OF HOMELAND

16 SECURITY.—The Secretary of Homeland Secu17 rity shall ensure that the authority to pay re18 cruitment and relocation bonuses under section 

19 5753 of title 5, United States Code, the author20 ity to pay retention bonuses under section 5754 

21 of such title, and any other similar authorities 

22 available under any other provision of law, rule, 

23 or regulation, are exercised to the fullest extent 

24 allowable in order to encourage service in the 

25 Department of Homeland Security. 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 830 IH

1 (4) DEFINITION.—The term ‘‘appropriate com2 mittees of Congress’’ means— 

3 (A) the Committee on Appropriations, the 

4 Committee on Armed Services, and the Com5 mittee on Homeland Security of the House of 

6 Representatives; and 

7 (B) the Committee on Appropriations, the 

8 Committee on Armed Services, and the Com9 mittee on Homeland Security and Govern10 mental Affairs of the Senate. 

11 SEC. 102. TECHNOLOGY. 

12 (a) EQUIPMENT SHARING BETWEEN DEPARTMENT

13 OF HOMELAND SECURITY AND DEPARTMENT OF DE14 FENSE.—The Secretaries of these two departments shall 

15 develop and implement a plan to use authorities provided 

16 to the Secretary of Defense under chapter 18 of title 10, 

17 United States Code, to increase the availability and use 

18 of Department of Defense equipment, including unmanned 

19 aerial vehicles, tethered aerostat radars, and other surveil20 lance equipment, to assist the Secretary in carrying out 

21 surveillance activities conducted at or near the inter22 national land borders of the United States to prevent ille23 gal immigration. 

24 (b) REPORT.—Not later than 6 months after the date 

25 of enactment of this Act (and then annually from that 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 830 IH

1 point), the Secretary and the Secretary of Defense shall 

2 submit to Congress a report that contains— 

3 (1) a description of the current use of Depart4 ment of Defense equipment to assist the Secretary 

5 in carrying out surveillance of the international land 

6 borders of the United States and assessment of the 

7 potential risks to citizens of the United States and 

8 key foreign policy interests associated with the use 

9 of such equipment; 

10 (2) the plan developed under subsection (a) to 

11 increase the use of Department of Defense equip12 ment to assist such surveillance activities; and 

13 (3) a description of the types of equipment and 

14 other support to be provided by the Secretary of De15 fense under such plan during the 1-year period be16 ginning on the date of the submission of the report. 

17 (c) SECURE COMMUNICATION.—The Secretary shall, 

18 as expeditiously as practicable, develop and implement a 

19 plan to improve the use of satellite communications and 

20 other technologies to ensure clear and secure 2-way com21 munication capabilities— 

22 (1) among all Border Patrol agents conducting 

23 operations between ports of entry; 

24 (2) between Border Patrol agents and their re25 spective Border Patrol stations; and 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 830 IH

1 (3) between all appropriate law enforcement 

2 agencies of the Department and State, local, and 

3 tribal law enforcement agencies. 

4 (d) OTHER TECHNOLOGY UPGRADES.—The Sec5 retary shall purchase and implement new technology to se6 cure the borders, including, but not limited to drones, in7 frared cameras, sensors, mobile lighting units, radar and 

8 infrared heat. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—The nec10 essary funds are authorized to be appropriated to the Sec11 retary for each of the fiscal years 2014 through 2018 to 

12 carry out this section. 

13 SEC. 103. INFRASTRUCTURE. 

14 (a) INFRASTRUCTURE IMPROVEMENTS.—Subject to 

15 the availability of appropriations, the Secretary shall con16 struct or purchase— 

17 (1) office facilities to accommodate additional 

18 border patrol manpower; 

19 (2) sport utility vehicles for officers; 

20 (3) all-weather roads for better vehicle access 

21 and performance on remote and rugged terrain 

22 (road construction should be done in consultation 

23 with the owner of the land and take into account 

24 any environmental or other land-use issues that are 

25 relevant); 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 830 IH

1 (4) additional fencing (and aesthetic fencing in 

2 business districts) in urban areas of the border; and 

3 (5) vehicle barriers, to support, not replace, 

4 manpower, in rural and remote areas of the border 

5 necessary to achieve operational control of the inter6 national borders of the United States. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—The nec8 essary funds are authorized to be appropriated to the Sec9 retary for each of the fiscal years 2014 through 2018 to 

10 carry out this section. 

11 SEC. 104. AERIAL VEHICLES AND SURVEILLANCE SYSTEMS. 

12 (a) UNMANNED AERIAL VEHICLE PILOT PRO13 GRAM.—During the 1-year period beginning on the date 

14 on which the report is submitted under section 102(b), the 

15 Secretary shall conduct a pilot program to test unmanned 

16 aerial vehicles for border surveillance along the inter17 national border between Canada and the United States. 

18 (b) UNMANNED AERIAL VEHICLES AND ASSOCIATED

19 INFRASTRUCTURE.—The Secretary shall acquire and 

20 maintain unmanned aerial vehicles and related equipment 

21 for use to patrol the international borders of the United 

22 States, including equipment such as— 

23 (1) additional sensors; 

24 (2) satellite command and control; and 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•HR 830 IH

1 (3) other necessary equipment for operational 

2 support. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary for each of the fiscal 

6 years 2014 and 2015 such sums as may be nec7 essary to carry out subsection (b). 

8 (2) AVAILABILITY OF FUNDS.—Amounts appro9 priated pursuant to the authorization of appropria10 tions in paragraph (1) are authorized to remain 

11 available until expended. 

12 (d) AERIAL SURVEILLANCE PROGRAM.— 

13 (1) IN GENERAL.—In conjunction with the bor14 der surveillance plan developed under section 5201 

15 of the Intelligence Reform and Terrorism Prevention 

16 Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 

17 note), the Secretary, not later than 90 days after the 

18 date of enactment of this Act, shall develop and im19 plement a program to fully integrate and utilize aer20 ial surveillance technologies, including unmanned 

21 aerial vehicles, to enhance the security of the inter22 national border between the United States and Can23 ada and the international border between the United 

24 States and Mexico. The goal of the program shall be 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•HR 830 IH

1 to ensure continuous monitoring of each mile of each 

2 border. 

3 (2) ASSESSMENT AND CONSULTATION REQUIRE4 MENTS.—In developing the program under this sub5 section, the Secretary shall— 

6 (A) consider current and proposed aerial 

7 surveillance technologies; 

8 (B) assess the feasibility and advisability 

9 of utilizing such technologies to address border 

10 threats, including an assessment of the tech11 nologies considered best suited to address re12 spective threats; 

13 (C) consult with the Secretary of Defense 

14 regarding any technologies or equipment, which 

15 the Secretary may deploy along an international 

16 border of the United States; and 

17 (D) consult with the Administrator of the 

18 Federal Aviation Administration regarding safe19 ty, airspace coordination and regulation, and 

20 any other issues necessary for implementation 

21 of the program. 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 The necessary funds are authorized to be appro24 priated to carry out this subsection. 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•HR 830 IH

1 (e) INTEGRATED AND AUTOMATED SURVEILLANCE

2 PROGRAM.— 

3 (1) REQUIREMENT FOR PROGRAM.—Subject to 

4 the availability of appropriations, the Secretary shall 

5 establish a program to procure additional unmanned 

6 aerial vehicles, drones, cameras, poles, sensors, sat7 ellites, radar coverage, and other technologies nec8 essary to achieve operational control of the inter9 national borders of the United States and to estab10 lish a security perimeter known as a ‘‘virtual fence’’ 

11 along such international borders to provide a barrier 

12 to illegal immigration. 

13 (2) PROGRAM COMPONENTS.—The Secretary 

14 shall ensure, to the maximum extent feasible, that— 

15 (A) the technologies utilized in the Inte16 grated and Automated Surveillance Program 

17 are integrated and function cohesively in an 

18 automated fashion, including the integration of 

19 motion sensor alerts and cameras in a manner 

20 where a sensor alert automatically activates a 

21 corresponding camera to pan and tilt in the di22 rection of the triggered sensor; 

23 (B) cameras utilized in the program do not 

24 have to be manually operated; 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•HR 830 IH

1 (C) such camera views and positions are 

2 not fixed; 

3 (D) surveillance video taken by such cam4 eras is able to be viewed at multiple designated 

5 communications centers; 

6 (E) a standard process is used to collect 

7 and record, catalog, and report intrusion and 

8 response data collected under the Program; 

9 (F) future remote surveillance technology 

10 investments and upgrades for the program can 

11 be integrated with existing systems; 

12 (G) performance measures are developed 

13 and applied that can evaluate whether the pro14 gram is providing desired results and increasing 

15 response effectiveness in monitoring and detect16 ing illegal intrusions along the international 

17 borders of the United States; 

18 (H) plans are developed under the program 

19 to streamline site selection and site validation 

20 processes to minimize delays of installing sur21 veillance technology infrastructure; 

22 (I) standards are developed under the pro23 gram to expand the shared use of existing pri24 vate and governmental structures to install reVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
16 

•HR 830 IH

1 mote surveillance technology infrastructure 

2 where possible; 

3 (J) standards are developed under the pro4 gram to identify and deploy the use of non5 permanent or mobile surveillance platforms that 

6 will increase the Secretary’s mobility and ability 

7 to identify illegal border intrusions; and 

8 (K) Border Patrol agents respond to each 

9 reported intrusion that appears to involve aliens 

10 or smugglers. 

11 (3) EVALUATION OF CONTRACTORS.— 

12 (A) REQUIREMENT FOR STANDARDS.—The 

13 Secretary shall develop appropriate standards 

14 to evaluate the performance of any contractor 

15 providing goods or services to carry out the In16 tegrated and Automated Surveillance Program. 

17 (B) REVIEW BY THE COMPTROLLER GEN18 ERAL OF THE UNITED STATES.— 

19 (i) IN GENERAL.—The Comptroller 

20 General of the United States shall review 

21 each new contract related to the Program 

22 and should report to Congress regarding 

23 contracts with a value of more than 

24 $5,000,000 in a timely manner, to deter25 mine whether such contract fully complies 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•HR 830 IH

1 with applicable cost requirements, perform2 ance objectives, program milestones, and 

3 schedules. 

4 (ii) REPORTS.—The Comptroller Gen5 eral of the United States shall report the 

6 findings of each review carried out under 

7 clause (i) to the Secretary in a timely man8 ner. 

9 (4) AUTHORIZATION OF APPROPRIATIONS.— 

10 The necessary funds are authorized to be appro11 priated to carry out this subsection. 

12 Subtitle B—Strategies and 

13 Progress Reports for Securing 

14 America’s Borders 

15 SEC. 111. NATIONAL STRATEGY TO SECURE THE BORDERS. 

16 (a) REQUIREMENT FOR NATIONAL STRATEGY.—The 

17 Secretary, in consultation with the heads of other appro18 priate Federal agencies, shall develop a national strategy 

19 to secure the borders that describes actions to be carried 

20 out to achieve operational control over all ports of entry 

21 into the United States and the international land and mar22 itime borders of the United States by December 31, 2019. 

23 (b) CONTENT.—The national strategy to secure the 

24 borders shall include the following: 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•HR 830 IH

1 (1) An assessment of the threats posed by ter2 rorists and terrorist groups that may try to infiltrate 

3 the United States at locations along the inter4 national land and maritime borders of the United 

5 States. 

6 (2) A risk assessment for all United States 

7 ports of entry and all portions of the international 

8 land and maritime borders of the United States that 

9 includes a description of activities being under10 taken— 

11 (A) to prevent the entry of terrorists, other 

12 unlawful aliens, instruments of terrorism, nar13 cotics, and other contraband into the United 

14 States; and 

15 (B) to protect critical infrastructure at or 

16 near such ports of entry or borders. 

17 (3) An assessment of the most appropriate, 

18 practical, and cost-effective means of defending the 

19 international land and maritime borders of the 

20 United States against threats to security and illegal 

21 transit, including intelligence capacities, technology, 

22 equipment, personnel, and training needed to ad23 dress security vulnerabilities. 

24 (4) An assessment of staffing needs for all bor25 der security functions, taking into account threat 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•HR 830 IH

1 and vulnerability information pertaining to the bor2 ders and the impact of new security programs, poli3 cies, and technologies. 

4 (5) A description of the border security roles 

5 and missions of Federal Government, State govern6 ment, local government, and tribal authorities, and 

7 recommendations regarding actions the Secretary 

8 can carry out to improve coordination with such au9 thorities to enable border security and enforcement 

10 activities to be carried out in a more efficient and 

11 effective manner. 

12 (6) An assessment of existing efforts and tech13 nologies used for border security and the effect of 

14 the use of such efforts and technologies on civil 

15 rights, private property rights, privacy rights, and 

16 civil liberties, including an assessment of efforts to 

17 take into account asylum seekers, trafficking vic18 tims, unaccompanied minor aliens, refugees and 

19 other vulnerable populations, as well as the effects 

20 on Americans living in the border region and local, 

21 State, and Federal law enforcement officers working 

22 in the border region. 

23 (7) A prioritized list of research and develop24 ment objectives to enhance the security of the interVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
20 

•HR 830 IH

1 national land and maritime borders of the United 

2 States. 

3 (8) A description of ways to ensure that the 

4 free flow of lawful travel and commerce is not unrea5 sonably diminished by efforts, activities, and pro6 grams aimed at securing the international land and 

7 maritime borders of the United States. 

8 (9) An assessment of additional detention facili9 ties and beds that are needed to detain unlawful 

10 aliens apprehended at United States ports of entry 

11 or along the international land borders of the United 

12 States. 

13 (10) A description of the performance metrics 

14 to be used to ensure accountability by the bureaus 

15 of the Department in implementing such strategy. 

16 (11) A schedule for the implementation of the 

17 security measures described in said strategy, includ18 ing a prioritization of security measures, realistic 

19 deadlines for addressing the security and enforce20 ment needs, an estimate of the resources needed to 

21 carry out such measures, and a description of how 

22 such resources should be allocated. 

23 (c) CONSULTATION.—In developing the national 

24 strategy for border security, the Secretary shall consult 

25 with representatives of— 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•HR 830 IH

1 (1) State, local, and tribal governmental au2 thorities with responsibility for locations along the 

3 international land and maritime borders of the 

4 United States; and 

5 (2) appropriate private sector entities, non6 governmental organizations, and affected commu7 nities that have expertise in areas related to border 

8 security. 

9 (d) COORDINATION.—The national strategy for bor10 der security shall be consistent with the National Strategy 

11 for Maritime Security developed pursuant to Homeland 

12 Security Presidential Directive 13, dated December 21, 

13 2004. 

14 (e) SUBMISSION TO CONGRESS.— 

15 (1) STRATEGY.—Not later than December 31, 

16 2014, the Secretary shall submit to Congress the na17 tional strategy for border security. 

18 (2) UPDATES.—The Secretary shall submit to 

19 Congress any update of such strategy that the Sec20 retary determines is necessary, not later than 30 

21 days after such update is developed. 

22 (f) IMMEDIATE ACTION.—Nothing in this section 

23 may be construed to relieve the Secretary of the responsi24 bility to take all actions necessary and appropriate to 

25 achieve and maintain operational control over the entire 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•HR 830 IH

1 international land and maritime borders of the United 

2 States. 

3 SEC. 112. ACCOUNTABLE FINANCING OF A SECURE BORDER 

4 INITIATIVE. 

5 (a) COMPTROLLER GENERAL OF THE UNITED

6 STATES.— 

7 (1) ACTION.—If the Comptroller General of the 

8 United States becomes aware of any improper con9 duct or wrongdoing in the course of conducting a 

10 contract review under the Secure Border Initiative, 

11 the Comptroller General of the United States shall, 

12 as expeditiously as practicable, refer information re13 lating to such improper conduct or wrongdoing to 

14 Congress and to the Secretary of Homeland Secu15 rity, or to another appropriate official of the Depart16 ment of Homeland Security, who shall determine 

17 whether to temporarily suspend the contractor from 

18 further participation in the Secure Border Initiative 

19 or make said contract null and void. 

20 (2) REPORT.—Upon the completion of each re21 view described in paragraph (1), the Comptroller 

22 General of the United States shall submit to Con23 gress and to the Secretary a report containing the 

24 findings of the review, including findings regard25 ing— 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•HR 830 IH

1 (A) cost overruns; 

2 (B) significant delays in contract execu3 tion; 

4 (C) lack of rigorous departmental contract 

5 management; 

6 (D) insufficient departmental financial 

7 oversight; 

8 (E) bundling that limits the ability of 

9 small businesses to compete; or 

10 (F) other high-risk business practices. 

11 (b) REPORTS BY THE SECRETARY.— 

12 (1) IN GENERAL.—Not later than 30 days after 

13 the receipt of each report required under subsection 

14 (a)(2), the Secretary shall submit a report to the 

15 Committee on the Judiciary and the Committee on 

16 Homeland Security of the House of Representatives 

17 and the Committee on the Judiciary and the Com18 mittee on Homeland Security and Governmental Af19 fairs of the Senate, that describes the steps the Sec20 retary has taken, or plans to take, to address the 

21 problems identified in such report. 

22 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

23 Not later than 60 days after the initiation of each 

24 contract action with a company whose headquarters 

25 are not based in the United States, the Secretary 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•HR 830 IH

1 shall submit a report to the Committee on the Judi2 ciary of the Senate and the Committee on the Judi3 ciary of the House of Representatives, regarding the 

4 Secure Border Initiative. 

5 (c) REPORTS ON UNITED STATES PORTS.—Not later 

6 than 60 days after receiving information regarding a pro7 posed purchase of a contract to manage the operations of 

8 a United States port by a foreign entity, the Secretary 

9 of Homeland Security shall submit a report to Congress 

10 that describes— 

11 (1) the proposed purchase; 

12 (2) any security concerns related to the pro13 posed purchase; and 

14 (3) the manner in which such security concerns 

15 have been addressed. 

16 Subtitle C—Rapid Response 

17 Measures 

18 SEC. 121. DEPLOYMENT OF BORDER PATROL AGENTS. 

19 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

20 AGENTS.— 

21 (1) IN GENERAL.—If the Governor of a State 

22 on an international border of the United States de23 clares an international border security emergency 

24 and requests additional agents of the Border Patrol 

25 (referred to in this subtitle as ‘‘agents’’) from the 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•HR 830 IH

1 Secretary, the Secretary, subject to paragraphs (2) 

2 and (3), may provide the State with not more than 

3 1,000 additional agents for the purpose of patrolling 

4 and defending the international border, in order to 

5 prevent individuals from crossing the international 

6 border into the United States at any location other 

7 than an authorized port of entry. 

8 (2) CONSULTATION.—Upon receiving a request 

9 for agents under paragraph (1), the Secretary, after 

10 consultation with the President, shall grant such re11 quest to the extent that providing such agents will 

12 not significantly impair the Department’s ability to 

13 provide border security for any other State. 

14 (3) COLLECTIVE BARGAINING.—Emergency de15 ployments under this subsection shall be made in ac16 cordance with all applicable collective bargaining 

17 agreements and obligations under current law. 

18 (b) FLEXIBLE DEPLOYMENT OF BORDER PATROL

19 AGENTS.—The Secretary shall ensure that agents are not 

20 precluded from performing patrol duties and appre21 hending violators of law, except in unusual circumstances 

22 if the temporary use of fixed deployment positions is nec23 essary. 


smartinez on DSK6TPTVN1PROD with BILLS
26 

•HR 830 IH

1 SEC. 122. BORDER PATROL MAJOR ASSETS. 

2 (a) CONTROL OF DEPARTMENT OF HOMELAND SE3 CURITY ASSETS.—The Department of Homeland Security 

4 shall have exclusive administrative and operational control 

5 over all the assets utilized in carrying out its mission, in6 cluding aircraft, watercraft, vehicles, detention space, 

7 transportation, and all of the personnel associated with 

8 such assets. 

9 (b) HELICOPTERS AND POWER BOATS.— 

10 (1) HELICOPTERS.—The Secretary shall in11 crease the number of helicopters under the control 

12 of the Border Patrol and Immigration and Customs 

13 Enforcement (ICE). The Secretary shall ensure that 

14 appropriate types and quantities of helicopters are 

15 procured for the various missions being performed. 

16 (2) POWER BOATS.—The Secretary shall in17 crease the number of power boats under the control 

18 of the Border Patrol. The Secretary shall ensure 

19 that the types of power boats that are procured are 

20 appropriate for both the waterways in which they 

21 are used and the mission requirements. 

22 (3) USE AND TRAINING.—The Secretary shall— 

23 (A) establish an overall policy on how the 

24 helicopters and power boats procured under this 

25 subsection will be used; and 


smartinez on DSK6TPTVN1PROD with BILLS
27 

•HR 830 IH

1 (B) implement training programs for the 

2 agents who use such assets, including safe oper3 ating procedures and rescue operations. 

4 (c) MOTOR VEHICLES.— 

5 (1) QUANTITY.—The Secretary shall establish a 

6 fleet of motor vehicles appropriate for use by the 

7 Border Patrol that will permit a ratio of not less 

8 than 1 police-type vehicle for every 4 agents with 

9 safety glass and other protections. The Secretary 

10 shall ensure that there are sufficient numbers and 

11 types of other motor vehicles to support the mission 

12 of the Border Patrol. 

13 (2) FEATURES.—All motor vehicles purchased 

14 for the Border Patrol shall— 

15 (A) be appropriate for the mission of the 

16 Border Patrol; and 

17 (B) have a panic button and a global posi18 tioning system device that is activated solely in 

19 emergency situations to track the location of 

20 agents in distress. 

21 SEC. 123. ELECTRONIC EQUIPMENT. 

22 (a) PORTABLE COMPUTERS.—The Secretary shall en23 sure that each police-type motor vehicle in the fleet of the 

24 Border Patrol is equipped with a portable computer with 

25 access to all necessary law enforcement databases and othVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
28 

•HR 830 IH

1 erwise suited to the unique operational requirements of 

2 the Border Patrol. 

3 (b) RADIO EQUIPMENT.—The Secretary shall aug4 ment the existing radio communications system so that all 

5 law enforcement personnel, including Immigration and 

6 Customs Enforcement, working in each area where Border 

7 Patrol operations are conducted have clear and encrypted 

8 2-way radio communication capabilities at all times. Each 

9 portable communications device shall be equipped with a 

10 panic button and a global positioning system device that 

11 is activated solely in emergency situations to track the lo12 cation of agents in distress. 

13 (c) HANDHELD GLOBAL POSITIONING SYSTEM DE14 VICES.—The Secretary shall ensure that Border Patrol 

15 agents are issued a state-of-the-art handheld global posi16 tioning system device for navigational purposes. 

17 (d) NIGHT VISION EQUIPMENT.—The Secretary shall 

18 ensure that sufficient quantities of state-of-the-art night 

19 vision equipment are procured and maintained to enable 

20 each Border Patrol agent working during the hours of 

21 darkness to be equipped with a portable night vision de22 vice. 

23 SEC. 124. PERSONAL EQUIPMENT. 

24 (a) BODY ARMOR.—The Secretary shall ensure that 

25 every agent on duty is issued high-quality body armor that 


smartinez on DSK6TPTVN1PROD with BILLS
29 

•HR 830 IH

1 is appropriate for the climate and risks faced by the agent. 

2 Enough body armor must be purchased to cover every 

3 agent in the field. 

4 (b) WEAPONS.—The Secretary shall ensure that 

5 agents are equipped with weapons that are reliable and 

6 effective to protect themselves, their fellow agents, and in7 nocent third parties from the threats posed by armed 

8 criminals. The Secretary shall ensure that the policies of 

9 the Department authorize all agents to carry weapons that 

10 are suited to the potential threats that they face, and that 

11 all agents receive appropriate training in the use of such 

12 weapons. 

13 (c) UNIFORMS.—The Secretary shall ensure that all 

14 agents are provided with all necessary uniform items, in15 cluding outerwear suited to the climate, footwear, belts, 

16 holsters, and personal protective equipment, at no cost to 

17 such agents. Such items shall be replaced at no cost to 

18 such agents as such items become worn or unserviceable 

19 or no longer fit properly. 

20 SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to the Sec22 retary such sums as may be necessary for each of the fis23 cal years 2014 through 2018 to carry out this subtitle. 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•HR 830 IH

1 Subtitle D—Border Infrastructure 

2 and Technology Modernization 

3 SEC. 131. DEFINITIONS. 

4 In this subtitle: 

5 (1) COMMISSIONER.—The term ‘‘Commis6 sioner’’ means the Commissioner of United States 

7 Customs and Border Protection. 

8 (2) NORTHERN BORDER.—The term ‘‘northern 

9 border’’ means the international border between the 

10 United States and Canada. 

11 (3) SOUTHERN BORDER.—The term ‘‘southern 

12 border’’ means the international border between the 

13 United States and Mexico. 

14 SEC. 132. EXPANSION OF COMMERCE SECURITY PRO15 GRAMS. 

16 (a) CUSTOMS-TRADE PARTNERSHIP AGAINST TER17 RORISM.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Commis20 sioner, in consultation with the Secretary, shall de21 velop a plan to expand the programs of the Cus22 toms-Trade Partnership Against Terrorism estab23 lished pursuant to section 211 of the SAFE Port 

24 Act (6 U.S.C. 961), including adding additional per25 sonnel for such programs, along the northern border 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•HR 830 IH

1 and southern border, including the following pro2 grams: 

3 (A) The Business Anti-Smuggling Coali4 tion. 

5 (B) The Carrier Initiative Program. 

6 (C) The Americas Counter Smuggling Ini7 tiative. 

8 (D) The Container Security Initiative es9 tablished pursuant to section 205 of the SAFE 

10 Port Act (6 U.S.C. 945). 

11 (E) The Free and Secure Trade Initiative. 

12 (F) Other industry partnership programs 

13 administered by the Commissioner. 

14 (b) DEMONSTRATION PROGRAM.—Not later than 180 

15 days after the date of enactment of this Act, the Commis16 sioner shall establish a demonstration program to develop 

17 a cooperative trade security system to improve supply 

18 chain security. 

19 Subtitle E—Other Border Security 

20 Initiatives 

21 SEC. 141. ALIEN SMUGGLING AND TERRORISM PREVEN22 TION. 

23 (a) CHECKS AGAINST TERRORIST WATCHLIST.—The 

24 Secretary of Homeland Security shall, to the extent prac25 ticable, check against all available terrorist watchlists 


smartinez on DSK6TPTVN1PROD with BILLS
32 

•HR 830 IH

1 those persons suspected of alien smuggling and smuggled 

2 individuals who are interdicted at the land, air, and sea 

3 borders of the United States. 

4 (b) STRENGTHENING PROSECUTION AND PUNISH5 MENT OF ALIEN SMUGGLERS.—Section 274(a) of the Im6 migration and Nationality Act (8 U.S.C. 1324(a)) is 

7 amended— 

8 (1) by amending the subsection heading to read 

9 as follows: ‘‘BRINGING IN, HARBORING, AND SMUG10 GLING OF UNLAWFUL AND TERRORIST ALIENS.—’’; 

11 and 

12 (2) by amending paragraphs (1) through (2) to 

13 read as follows: 

14 ‘‘(1)(A) Whoever, knowing or in reckless disregard of 

15 the fact that an individual is an alien who lacks lawful 

16 authority to come to, enter, or reside in the United States, 

17 knowingly— 

18 ‘‘(i) brings that individual to the United States 

19 in any manner whatsoever regardless of any future 

20 official action which may be taken with respect to 

21 such individual; 

22 ‘‘(ii) recruits, encourages, or induces that indi23 vidual to come to, enter, or reside in the United 

24 States; 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•HR 830 IH

1 ‘‘(iii) transports or moves that individual in the 

2 United States, in furtherance of their unlawful pres3 ence; or 

4 ‘‘(iv) harbors, conceals, or shields from detec5 tion the individual in any place in the United States, 

6 including any building or any means of transpor7 tation; 

8 or attempts or conspires to do so, shall be punished as 

9 provided in subparagraph (C). 

10 ‘‘(B) Whoever, knowing that an individual is an alien, 

11 brings that individual to the United States in any manner 

12 whatsoever at a place, other than a designated port of 

13 entry or place designated by the Secretary of Homeland 

14 Security, regardless of whether such individual has re15 ceived prior official authorization to come to, enter, or re16 side in the United States and regardless of any future offi17 cial action which may be taken with respect to such indi18 vidual, or attempts or conspires to do so, shall be punished 

19 as provided in subparagraph (C). 

20 ‘‘(C) Whoever commits an offense under this para21 graph shall, for each individual in respect to whom such 

22 a violation occurs— 

23 ‘‘(i) if the offense results in the death of any 

24 person, be fined under title 18, United States Code, 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•HR 830 IH

1 and subject to the penalty of death or imprisonment 

2 for any term of years or for life; 

3 ‘‘(ii) if the offense involves kidnapping, an at4 tempt to kidnap, the conduct required for aggra5 vated sexual abuse (as defined in section 2241 of 

6 title 18, United States Code, without regard to 

7 where it takes place), or an attempt to commit such 

8 abuse, or an attempt to kill, be fined under title 18, 

9 United States Code, or imprisoned for any term of 

10 years or life, or both; 

11 ‘‘(iii) if the offense involves an individual who 

12 the defendant knew was engaged in or intended to 

13 engage in terrorist activity (as defined in section 

14 212(a)(3)(B)), be fined under title 18, United States 

15 Code, or imprisoned not more than 30 years, or 

16 both; 

17 ‘‘(iv) if the offense results in serious bodily in18 jury (as defined in section 1365 of title 18, United 

19 States Code) or places in jeopardy the life of any 

20 person, be fined under title 18, United States Code, 

21 or imprisoned not more than 20 years, or both; 

22 ‘‘(v) if the offense is a violation of paragraph 

23 (1)(A)(i) and was committed for the purpose of prof24 it, commercial advantage, or private financial gain, 

25 or if the offense was committed with the intent or 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•HR 830 IH

1 reason to believe that the individual unlawfully 

2 brought into the United States will commit an of3 fense against the United States or any State that is 

4 punishable by imprisonment for more than 1 year, 

5 be fined under title 18, United States Code, and im6 prisoned, in the case of a first or second violation, 

7 not less than 3 nor more than 10 years, and for any 

8 other violation, not less than 5 nor more than 15 

9 years; 

10 ‘‘(vi) if the offense is a violation of paragraphs 

11 (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and 

12 was committed for the purpose of profit, commercial 

13 advantage, or private financial gain, be fined under 

14 title 18, United States Code, or imprisoned not more 

15 than 10 years, or both; 

16 ‘‘(vii) if the offense involves the transit of the 

17 defendant’s spouse, child, sibling, parent, grand18 parent, or niece or nephew, and the offense is not 

19 described in any of clauses (i) through (vi), be fined 

20 under title 18, United States Code, or imprisoned 

21 not more than 1 year, or both; and 

22 ‘‘(viii) in any other case, be fined under title 

23 18, United States Code, or imprisoned not more 

24 than 5 years, or both. 


smartinez on DSK6TPTVN1PROD with BILLS
36 

•HR 830 IH

1 ‘‘(2)(A) There is extraterritorial jurisdiction over the 

2 offenses described in paragraph (1). 

3 ‘‘(B) In a prosecution for a violation of, or an attempt 

4 or conspiracy to violate, subsection (a)(1)(A)(i), 

5 (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, 

6 no defense based on necessity can be raised unless the de7 fendant— 

8 ‘‘(i) as soon as practicable, reported to the 

9 Coast Guard the circumstances of the necessity, and 

10 if a rescue is claimed, the name, description, registry 

11 number, and location of the vessel engaging in the 

12 rescue; and 

13 ‘‘(ii) did not bring, attempt to bring, or in any 

14 manner intentionally facilitate the entry of any alien 

15 into the land territory of the United States without 

16 lawful authority, unless exigent circumstances ex17 isted that placed the life of that alien in danger, in 

18 which case the reporting requirement set forth in 

19 clause (i) is satisfied by notifying the Coast Guard 

20 as soon as practicable after delivering the alien to 

21 emergency medical or law enforcement personnel 

22 ashore. 

23 ‘‘(C) It is not a violation of, or an attempt or con24 spiracy to violate, clause (iii) or (iv) of paragraph (1)(A), 

25 or paragraph (1)(A)(ii) (except if a person recruits, enVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
37 

•HR 830 IH

1 courages, or induces an alien to come to or enter the 

2 United States), for a religious denomination having a bona 

3 fide nonprofit, religious organization in the United States, 

4 or the agents or officer of such denomination or organiza5 tion, to encourage, invite, call, allow, or enable an alien 

6 who is present in the United States to perform the voca7 tion of a minister or missionary for the denomination or 

8 organization in the United States as a volunteer who is 

9 not compensated as an employee, notwithstanding the pro10 vision of room, board, travel, medical assistance, and other 

11 basic living expenses, provided the minister or missionary 

12 has been a member of the denomination for at least one 

13 year. 

14 ‘‘(D) For purposes of this paragraph and paragraph 

15 (1)— 

16 ‘‘(i) the term ‘United States’ means the several 

17 States, the District of Columbia, the Commonwealth 

18 of Puerto Rico, Guam, American Samoa, the United 

19 States Virgin Islands, the Commonwealth of the 

20 Northern Mariana Islands, and any other territory 

21 or possession of the United States; and 

22 ‘‘(ii) the term ‘lawful authority’ means permis23 sion, authorization, or waiver that is expressly pro24 vided for in the immigration laws of the United 

25 States or the regulations prescribed under those 


smartinez on DSK6TPTVN1PROD with BILLS
38 

•HR 830 IH

1 laws and does not include any such authority se2 cured by fraud or otherwise obtained in violation of 

3 law or authority that has been sought but not ap4 proved.’’. 

5 (c) MARITIME LAW ENFORCEMENT.— 

6 (1) PENALTIES.—Subsection (b) of section 

7 2237 of title 18, United States Code, is amended to 

8 read as follows: 

9 ‘‘(b) Whoever intentionally violates this section 

10 shall— 

11 ‘‘(1) if the offense results in death or involves 

12 kidnapping, an attempt to kidnap, the conduct re13 quired for aggravated sexual abuse (as defined in 

14 section 2241 without regard to where it takes place), 

15 or an attempt to commit such abuse, or an attempt 

16 to kill, be fined under such title or imprisoned for 

17 any term of years or life, or both; 

18 ‘‘(2) if the offense results in serious bodily in19 jury (as defined in section 1365 of this title) or 

20 transportation under inhumane conditions, be fined 

21 under this title, imprisoned not more than 15 years, 

22 or both; 

23 ‘‘(3) if the offense is committed in the course 

24 of a violation of section 274 of the Immigration and 

25 Nationality Act (alien smuggling); chapter 77 (peonVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
39 

•HR 830 IH

1 age, slavery, and trafficking in persons), section 111 

2 (shipping), 111A (interference with vessels), 113 

3 (stolen property), or 117 (transportation for illegal 

4 sexual activity) of this title; chapter 705 (maritime 

5 drug law enforcement) of title 46, or title II of the 

6 Act of June 15, 1917 (chapter 30; 40 Stat. 220), be 

7 fined under this title or imprisoned for not more 

8 than 10 years, or both; and 

9 ‘‘(4) in any other case, be fined under this title 

10 or imprisoned for not more than 5 years, or both.’’. 

11 (2) LIMITATION ON NECESSITY DEFENSE.— 

12 Section 2237(c) of title 18, United States Code, is 

13 amended— 

14 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(2) In a prosecution for a violation of this section, 

17 no defense based on necessity can be raised unless the de18 fendant— 

19 ‘‘(A) as soon as practicable upon reaching 

20 shore, delivered the person with respect to which the 

21 necessity arose to emergency medical or law enforce22 ment personnel; 

23 ‘‘(B) as soon as practicable, reported to the 

24 Coast Guard the circumstances of the necessity re25 sulting giving rise to the defense; and 


smartinez on DSK6TPTVN1PROD with BILLS
40 

•HR 830 IH

1 ‘‘(C) did not bring, attempt to bring, or in any 

2 manner intentionally facilitate the entry of any alien, 

3 as that term is defined in section 101(a)(3) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1101(a)(3)), into the land territory of the United 

6 States without lawful authority, unless exigent cir7 cumstances existed that placed the life of that alien 

8 in danger, in which case the reporting requirement 

9 of subparagraph (B) is satisfied by notifying the 

10 Coast Guard as soon as practicable after delivering 

11 that person to emergency medical or law enforce12 ment personnel ashore.’’. 

13 (3) DEFINITION.—Section 2237(e) of title 18, 

14 United States Code, is amended— 

15 (A) by striking ‘‘and’’ at the end of para16 graph (4); 

17 (B) by striking the period at the end of 

18 paragraph (5) and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(6) the term ‘transportation under inhumane 

21 conditions’ means the transportation of persons in 

22 an engine compartment, storage compartment, or 

23 other confined space, transportation at an excessive 

24 speed, transportation of a number of persons in ex25 cess of the rated capacity of the means of transporVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
41 

•HR 830 IH

1 tation, or intentionally grounding a vessel in which 

2 persons are being transported.’’. 

3 (d) AMENDMENT TO THE SENTENCING GUIDE4 LINES.— 

5 (1) IN GENERAL.—Pursuant to its authority 

6 under section 994 of title 28, United States Code, 

7 and in accordance with this section, the United 

8 States Sentencing Commission shall review and, if 

9 appropriate, amend the sentencing guidelines and 

10 policy statements applicable to persons convicted of 

11 alien smuggling offenses and criminal failure to 

12 heave to or obstruction of boarding. 

13 (2) CONSIDERATIONS.—In carrying out this 

14 section, the Sentencing Commission, shall— 

15 (A) consider providing sentencing enhance16 ments or stiffening existing enhancements for 

17 those convicted of offenses described in sub18 section (a) that— 

19 (i) involve a pattern of continued and 

20 flagrant violations; 

21 (ii) are part of an ongoing commercial 

22 organization or enterprise; 

23 (iii) involve aliens who were trans24 ported in groups of 10 or more; 


smartinez on DSK6TPTVN1PROD with BILLS
42 

•HR 830 IH

1 (iv) involve the transportation or 

2 abandonment of aliens in a manner that 

3 endangered their lives; or 

4 (v) involve the facilitation of terrorist 

5 activity; and 

6 (B) consider cross-references to the guide7 lines for Criminal Sexual Abuse and Attempted 

8 Murder. 

9 (3) EXPEDITED PROCEDURES.—The Commis10 sion may promulgate the guidelines or amendments 

11 under this section in accordance with the procedures 

12 set forth in section 21(a) of the Sentencing Act of 

13 1987, as though the authority under that Act had 

14 not expired. 

15 SEC. 142. BORDER SECURITY ON CERTAIN FEDERAL LAND. 

16 (a) DEFINITIONS.—In this section: 

17 (1) PROTECTED LAND.—The term ‘‘protected 

18 land’’ means land under the jurisdiction of the Sec19 retary concerned. 

20 (2) SECRETARY CONCERNED.—The term ‘‘Sec21 retary concerned’’ means— 

22 (A) with respect to land under the jurisdic23 tion of the Secretary of Agriculture, the Sec24 retary of Agriculture; and 


smartinez on DSK6TPTVN1PROD with BILLS
43 

•HR 830 IH

1 (B) with respect to land under the jurisdic2 tion of the Secretary of the Interior, the Sec3 retary of the Interior. 

4 (b) BORDER PROTECTION STRATEGY.—The Sec5 retary, the Secretary of the Interior, and the Secretary 

6 of Agriculture shall jointly develop a border protection 

7 strategy that supports the border security needs of the 

8 United States in the manner that best protects— 

9 (1) units of the National Park System; 

10 (2) National Forest System land; 

11 (3) land under the jurisdiction of the United 

12 States Fish and Wildlife Service and Bureau of 

13 Land Management; and 

14 (4) other relevant land under the jurisdiction of 

15 the Secretary of the Interior or the Secretary of Ag16 riculture. 

17 (c) ADDITIONAL UNIFORMED LAW ENFORCEMENT

18 OFFICERS AND SPECIAL AGENTS OF THE DEPARTMENT

19 OF THE INTERIOR.—There are authorized to be appro20 priated to the Secretary of the Interior for employment 

21 of uniformed law enforcement officers and special agents, 

22 in addition to the number of such officers and agents em23 ployed immediately before the enactment of this Act, such 

24 sums as may be necessary for— 


smartinez on DSK6TPTVN1PROD with BILLS
44 

•HR 830 IH

1 (1) 22 such officers of the United States Fish 

2 and Wildlife Service, including— 

3 (A) 4 for California; 

4 (B) 9 for Arizona; 

5 (C) 2 for New Mexico; and 

6 (D) 7 for Texas; 

7 (2) 2 such agents of the United States Fish 

8 and Wildlife Service, for Texas; 

9 (3) 22 such officers of the National Park Serv10 ice, including— 

11 (A) 13 for Arizona; and 

12 (B) 9 for Texas; 

13 (4) 2 such agents of the National Park Service, 

14 for Texas; 

15 (5) 19 such officers of the Bureau of Land 

16 Management, including— 

17 (A) 5 for California; 

18 (B) 4 for Arizona; 

19 (C) 4 for New Mexico; and 

20 (D) 6 for Texas; 

21 (6) 2 such agents of the Bureau of Land Man22 agement, including— 

23 (A) 1 for California; 

24 (B) 2 for Arizona; and 

25 (C) 1 for New Mexico; and 


smartinez on DSK6TPTVN1PROD with BILLS
45 

•HR 830 IH

1 (7) one such agent of the Bureau of Indian Af2 fairs, for Texas. 

3 (d) ADDITIONAL SPECIAL ASSISTANT UNITED

4 STATES ATTORNEY.—There are authorized to be appro5 priated to the Attorney General such sums as may be nec6 essary to increase by 1 the number of special assistant 

7 United States attorneys in the district of Arizona dedi8 cated to prosecution of cases generated by the Secretary 

9 of the Interior, in addition to the number of such attor10 neys appointed immediately before the enactment of this 

11 Act. 

12 TITLE II—ENDING UNLAWFUL 

13 EMPLOYMENT 

14 Subtitle A—Employee Verification 

15 SEC. 201. MANDATORY EMPLOYMENT AUTHORIZATION 

16 VERIFICATION. 

17 (a) MAKING E-VERIFY PROGRAM PERMANENT.— 

18 Section 401(b) of the Illegal Immigration Reform and Im19 migrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

20 is amended by adding before the period at the end of the 

21 last sentence the following ‘‘, except that the E-Verify Pro22 gram described in section 403(a) shall be a permanent 

23 program’’. 

24 (b) MANDATORY USE OF E-VERIFY SYSTEM.— 


smartinez on DSK6TPTVN1PROD with BILLS
46 

•HR 830 IH

1 (1) IN GENERAL.—Subject to paragraphs (2) 

2 and (3), every person or other entity that hires one 

3 or more individuals for employment in the United 

4 States shall verify through the E-Verify Program, 

5 established by section 403(a) of the Illegal Immigra6 tion Reform and Immigrant Responsibility Act of 

7 1996 (division C of Public Law 104–208; 8 U.S.C. 

8 1324a note), that each such individual is authorized 

9 to work in the United States. The Secretary of 

10 Homeland Security shall ensure that verification by 

11 means of a toll-free telephone line is an available op12 tion in complying with the preceding sentence. 

13 (2) SELECT ENTITIES REQUIRED TO USE E14 VERIFY PROGRAM IMMEDIATELY.—The following en15 tities must satisfy the requirement in paragraph (1) 

16 by not later than one year after the date of the en17 actment of this Act: 

18 (A) FEDERAL AGENCIES.—Each depart19 ment and agency of the Federal Government. 

20 (B) FEDERAL CONTRACTORS.—A con21 tractor that— 

22 (i) has entered into a contract with 

23 the Federal Government to which section 

24 2(b)(1) of the Service Contract Act of 


smartinez on DSK6TPTVN1PROD with BILLS
47 

•HR 830 IH

1 1965 (41 U.S.C. 351(b)(1)) applies, and 

2 any subcontractor under such contract; or 

3 (ii) has entered into a contract ex4 empted from the application of such Act by 

5 section 6 of such Act (41 U.S.C. 356), and 

6 any subcontractor under such contract. 

7 (C) LARGE EMPLOYERS.—An employer 

8 that employs more than 250 individuals in the 

9 United States. 

10 (3) PHASING-IN FOR OTHER EMPLOYERS.— 

11 (A) TWO YEARS FOR EMPLOYERS OF 100

12 OR MORE.—Entities that employ 100 or more 

13 individuals in the United States must satisfy 

14 the requirement in paragraph (1) by not later 

15 than two years after the date of the enactment 

16 of this Act. 

17 (B) THREE YEARS FOR EMPLOYERS WITH

18 30 OR MORE EMPLOYEES.—All entities that em19 ploy 30 or more individuals in the United 

20 States must satisfy the requirement in para21 graph (1) by not later than three years after 

22 the date of the enactment of this Act. 

23 (C) FOUR YEARS FOR ALL EMPLOYERS.— 

24 All entities that employ one or more individuals 

25 in the United States must satisfy the requireVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
48 

•HR 830 IH

1 ment in paragraph (1) by not later than four 

2 years after the date of the enactment of this 

3 Act. 

4 (4) VERIFYING EMPLOYMENT AUTHORIZATION

5 OF CURRENT EMPLOYEES.—Every person or other 

6 entity that employs one or more persons in the 

7 United States shall verify through the E-Verify pro8 gram by not later than four years after the date of 

9 the enactment of this Act that each employee is au10 thorized to work in the United States. 

11 (5) DEFENSE.—In accordance with section 

12 274A(a)(3) of the Immigration and Nationality Act 

13 (8 U.S.C. 1324a(a)(3)), a person or entity that es14 tablishes that it has complied in good faith with the 

15 requirements of section 274A(b) of such Act with re16 spect to the hiring, recruiting, or referral for em17 ployment of an alien in the United States has estab18 lished an affirmative defense that the person or enti19 ty has not violated section 274A(a)(1)(A) of such 

20 Act with respect to such hiring, recruiting or refer21 ral. Furthermore an employer who has complied 

22 with the requirements in paragraphs (1) and (4) of 

23 this Act shall not be liable for hiring an unauthor24 ized alien, if— 


smartinez on DSK6TPTVN1PROD with BILLS
49 

•HR 830 IH

1 (A) such hiring occurred due to an error in 

2 the E-Verify program that was unknown to the 

3 employer at the time of such hiring; and 

4 (B) the employer terminates the employ5 ment of the alien upon being informed of the 

6 error. 

7 (6) SANCTIONS FOR NONCOMPLIANCE.—The 

8 failure of an employer to comply with the require9 ments in paragraphs (1) or (4) shall— 

10 (A) be treated as a violation of section 

11 274A(a)(1)(B) with respect to each offense; and 

12 (B) create a rebuttable presumption that 

13 the employer has violated section 

14 274A(a)(1)(A). 

15 (7) VOLUNTARY PARTICIPATION OF EMPLOYERS

16 NOT IMMEDIATELY SUBJECT TO REQUIREMENT.— 

17 Nothing in this subsection shall be construed as pre18 venting a person or other entity that is not imme19 diately subject to the requirement of paragraph (1) 

20 pursuant to paragraph (2) or (3) from voluntarily 

21 using the E-Verify program to verify the employ22 ment authorization of new hires or current employ23 ees. 

24 (8) STATE INTERFERENCE.—No State may 

25 prohibit a person or other entity from using the EVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
50 

•HR 830 IH

1 Verify program to verify the employment authoriza2 tion of new hires or current employees. 

3 (9) E-VERIFY STUDY.— 

4 (A) FINDINGS.—The Congress finds as fol5 lows: 

6 (i) A majority of the 0.4 percent of 

7 tentative non-confirmations that are issued 

8 within E-Verify to work authorized individ9 uals occur due to incorrect or outdated in10 formation in the databases utilized by the 

11 system. For instance, an individual may 

12 have changed his or her name legally but 

13 has not updated their Social Security in14 formation to account for this change. This 

15 person would likely receive a tentative non16 confirmation if their work eligibility were 

17 checked using E-Verify. 

18 (ii) E-Verify already provides employ19 ers and employees with simple and clear 

20 instructions on how inconsistencies in data 

21 can be corrected in order to verify the 

22 work eligibility of an employee. However, 

23 giving an individual the ability to verify his 

24 or her own employment eligibility in ad25 vance of an official E-Verify query by an 


smartinez on DSK6TPTVN1PROD with BILLS
51 

•HR 830 IH

1 employer would allow that individual to 

2 correct data errors at his or her conven3 ience. This may also serve to lessen peak 

4 demand on Social Security Administration 

5 field offices. 

6 (B) STUDY.—The Government Account7 ability Office shall conduct a study to examine 

8 the potential of a secure method of allowing in9 dividuals to check their own work eligibility, so 

10 that they can address inconsistencies in their 

11 personal data that might otherwise cause them 

12 to be issued a tentative non-confirmation by E13 Verify. The study shall be published within 6 

14 months after the date of enactment of this Act. 

15 (10) DOCUMENT FRAUD STUDY.—The Govern16 ment Accountability Office shall conduct a study to 

17 examine methods to combat document fraud, theft 

18 and forgery in the use and expansion of the E-Verify 

19 program. The report shall make recommendations to 

20 the appropriate agencies on ways to reduce instances 

21 of document fraud, theft and forgery. The report 

22 shall be published within six months after enactment 

23 of this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
52 

•HR 830 IH

1 SEC. 202. MONITORING AND COMPLIANCE. 

2 (a) ENHANCING MONITORING AND COMPLIANCE OF

3 E-VERIFY.—The Secretary of the Department of Home4 land Security is authorized take the following actions to 

5 increase the capability and effectiveness of the E-Verify 

6 employer Monitoring and Compliance team within Citizen7 ship and Immigration Services: 

8 (1) Increase by no more than 6 the number of 

9 fulltime employees dedicated to the development of 

10 thresholds and algorithms and quality assurance 

11 procedures for the monitoring of employer adherence 

12 to the conditions that are currently outlined in the 

13 E-Verify Memorandum of Understanding. 

14 (2) Increase as necessary the number of 

15 fulltime employees dedicated to outreach to employ16 ers using E-Verify and the creation of informational 

17 tools and corrective action procedures that will pro18 vide compliance assistance to these employers. These 

19 employees may also be utilized in the operation of 

20 the toll free compliance assistance call center. 

21 (3) Establish procedures for the identification 

22 of cases of potential fraud or misuse of E-Verify. 

23 (4) Establish procedures for the sharing of in24 formation on these selected cases with Immigration 

25 and Customs Enforcement for further investigation 

26 as necessary. 


smartinez on DSK6TPTVN1PROD with BILLS
53 

•HR 830 IH

1 (5) Report to Congress within one year of the 

2 date of enactment of this Act on the activities of the 

3 Office of Monitoring and Compliance which shall in4 clude— 

5 (A) a description of the types of fraud and 

6 misuse being detected by the thresholds and al7 gorithms used for employee monitoring within 

8 the Office; 

9 (B) the number and type of cases flagged 

10 by the Office and referred to Immigration and 

11 Customs Enforcement, as well as the outcome 

12 of these cases; and 

13 (C) an assessment of the number and the 

14 nature of calls received by the compliance as15 sistance call center. 

16 SEC. 203. MANDATORY NOTIFICATION OF SSN MISMATCHES 

17 AND MULTIPLE USES. 

18 (a) NOTIFICATION OF MULTIPLE USES OF INDI19 VIDUAL SOCIAL SECURITY NUMBERS.—Prior to crediting 

20 any individual with concurrent earnings from more than 

21 one employer, the Commissioner of Social Security shall 

22 notify the individual that earnings from two or more em23 ployers are being reported under the individual’s Social 

24 Security account number (SSN). Such notice shall include, 

25 at a minimum— 


smartinez on DSK6TPTVN1PROD with BILLS
54 

•HR 830 IH

1 (1) the name and location of each employer re2 porting benefits for an individual; 

3 (2) a warning that any inaccuracies in this in4 formation could indicate that the individual’s SSN is 

5 being fraudulently used by another individual; 

6 (3) an explanation of any potential risk that an 

7 individual is subject to if his or her SSN has been 

8 used or is being used by someone else; and 

9 (4) an SSA telephone number that an indi10 vidual may call to report inaccuracies in the use of 

11 their SSN. 

12 (b) INFORMATION SHARING WITH THE DEPART13 MENT OF HOMELAND SECURITY.— 

14 (1) Not later than 180 days following the date 

15 of enactment of this act, the Commissioner of Social 

16 Security shall promulgate regulations in accord with 

17 section 1306, title 42 (42 U.S.C. 1306), to require 

18 that information regarding all multiple use notifica19 tions that lead to the identification of an unauthor20 ized user of a Social Security account number be 

21 shared with the Secretary of the Department of 

22 Homeland Security on a timely basis. 

23 (2) Information to be shared with the Secretary 

24 shall include, at a minimum, the name and mailing 

25 address of all employees who are the subject of an 


smartinez on DSK6TPTVN1PROD with BILLS
55 

•HR 830 IH

1 unresolved mismatch notification or who are unau2 thorized users of another individual’s Social Security 

3 account number. The names and addresses of the 

4 employers of these employees must also be provided. 

5 (3) The Secretary shall report to the Congress 

6 annually the number of cases that the Commissioner 

7 of Social Security has shared with the Department 

8 of Homeland Security regarding unauthorized users 

9 of a Social Security number and the actions that 

10 have been taken to resolve these cases. The first re11 port shall be presented to Congress 1 year after the 

12 passage of this Act. 

13 SEC. 204. ESTABLISHMENT OF ELECTRONIC BIRTH AND 

14 DEATH REGISTRATION SYSTEMS. 

15 In consultation with the Secretary of Health and 

16 Human Services and the Commissioner of Social Security, 

17 the Secretary shall take the following actions: 

18 (1) Work with the States to establish a common 

19 data set and common data exchange protocol for 

20 electronic birth registration systems and death reg21 istration systems. 

22 (2) Coordinate requirements for such systems 

23 to align with a national model. 

24 (3) Ensure that fraud prevention is built into 

25 the design of electronic vital registration systems in 


smartinez on DSK6TPTVN1PROD with BILLS
56 

•HR 830 IH

1 the collection of vital event data, the issuance of 

2 birth certificates, and the exchange of data among 

3 government agencies. 

4 (4) Ensure that electronic systems for issuing 

5 birth certificates, in the form of printed abstracts of 

6 birth records or digitized images, employ a common 

7 format of the certified copy, so that those requiring 

8 such documents can quickly confirm their validity. 

9 (5) Establish uniform field requirements for 

10 State birth registries. 

11 (6) Not later than 1 year after the date of the 

12 enactment of this Act, establish a process with the 

13 Department of Defense that will result in the shar14 ing of data, with the States and the Social Security 

15 Administration, regarding deaths of United States 

16 military personnel and the birth and death of their 

17 dependents. 

18 (7) Not later than 1 year after the date of the 

19 enactment of this Act, establish a process with the 

20 Department of State to improve registration, notifi21 cation, and the sharing of data with the States and 

22 the Social Security Administration, regarding births 

23 and deaths of United States citizens abroad. 

24 (8) Not later than 3 years after the date of es25 tablishment of databases provided for under this secVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
57 

•HR 830 IH

1 tion, require States to record and retain electronic 

2 records of pertinent identification information col3 lected from requestors who are not the registrants. 

4 (9) Not later than 6 months after the date of 

5 the enactment of this Act, submit to Congress a re6 port on whether there is a need for Federal laws to 

7 address penalties for fraud and misuse of vital 

8 records and whether violations are sufficiently en9 forced. 

10 SEC. 205. PENALTY FOR FAILURE TO FILE CORRECT INFOR11 MATION RETURNS. 

12 (a) IN GENERAL.—Section 6721 of the Internal Rev13 enue Code of 1986 (26 U.S.C. 6721) is amended by add14 ing at the end the following: 

15 ‘‘(g) MOST EGREGIOUS NONCOMPLIANT EMPLOY16 ERS.—The Secretary shall assess the maximum allowable 

17 penalties on 100 percent of the employers designated in 

18 any tax year by the Social Security Administration as the 

19 most egregious noncompliant employers. 

20 ‘‘(h) EMPLOYMENT OF ALIEN NOT AUTHORIZED TO

21 BE EMPLOYED.—Notwithstanding any other provision in 

22 this section, in the case of a failure described in subsection 

23 (a)(2) with respect to any person employing an alien not 

24 authorized to be so employed, the penalty under this secVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
58 

•HR 830 IH

1 tion shall be determined in accordance with the following 

2 table: 

‘‘In the case of— Not less than— Not more than— 

The first offense ............. $2,500 ........................... $5,000 

The second offense ......... $7,500 ........................... $10,000 

The third offense ............ $25,000 ......................... $40,000.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply to with respect to information 

5 returns required to be filed for years beginning after De6 cember 31, 2012. 

7 SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as may be required to carry out this subtitle. 

10 Subtitle B—Nondeductibility of 

11 Wages Paid to Unauthorized Aliens 

12 SEC. 211. CLARIFICATION THAT WAGES PAID TO UNAU13 THORIZED ALIENS MAY NOT BE DEDUCTED 

14 FROM GROSS INCOME. 

15 (a) IN GENERAL.—Subsection (c) of section 162 of 

16 the Internal Revenue Code of 1986 (relating to illegal 

17 bribes, kickbacks, and other payments) is amended by 

18 adding at the end the following new paragraph: 

19 ‘‘(4) WAGES PAID TO OR ON BEHALF OF UNAU20 THORIZED ALIENS.— 

21 ‘‘(A) IN GENERAL.—No deduction shall be 

22 allowed under subsection (a) for any wage paid 


smartinez on DSK6TPTVN1PROD with BILLS
59 

•HR 830 IH

1 to or on behalf of an unauthorized alien, as de2 fined under section 274A(h)(3) of the Immigra3 tion and Nationality Act (8 U.S.C. 

4 1324a(h)(3)). 

5 ‘‘(B) WAGES.—For the purposes of this 

6 paragraph, the term ‘wages’ means all remu7 neration for employment, including the cash 

8 value of all remuneration (including benefits) 

9 paid in any medium other than cash. 

10 ‘‘(C) SAFE HARBOR.—If a person or other 

11 entity is participating in the E-Verify Program 

12 described in section 403 of the Illegal Immigra13 tion Reform and Immigrant Responsibility Act 

14 of 1996 (8 U.S.C. 1324a note) and obtains con15 firmation of identity and employment eligibility 

16 in compliance with the terms and conditions of 

17 the program with respect to the hiring (or re18 cruitment or referral) of an employee, subpara19 graph (A) shall not apply with respect to wages 

20 paid to such employee.’’. 

21 (b) SIX-YEAR LIMITATION ON ASSESSMENT AND

22 COLLECTION.—Subsection (c) of section 6501 of such 

23 Code (relating to exceptions) is amended by adding at the 

24 end the following new paragraph: 


smartinez on DSK6TPTVN1PROD with BILLS
60 

•HR 830 IH

1 ‘‘(12) DEDUCTION CLAIMED FOR WAGES PAID

2 TO UNAUTHORIZED ALIENS.—In the case of a return 

3 of tax on which a deduction is shown in violation of 

4 section 162(c)(4), any tax under chapter 1 may be 

5 assessed, or a proceeding in court for the collection 

6 of such tax may be begun without assessment, at 

7 any time within 6 years after the return was filed.’’. 

8 (c) USE OF DOCUMENTATION FOR ENFORCEMENT

9 PURPOSES.—Section 274A of the Immigration and Na10 tionality Act (8 U.S.C. 1324a) is amended— 

11 (1) in subparagraph (b)(5), by inserting ‘‘, sec12 tion 162(c)(4) of the Internal Revenue Code of 

13 1986,’’ after ‘‘enforcement of this Act’’; 

14 (2) in subparagraph (d)(2)(F), by inserting ‘‘, 

15 section 162(c)(4) of the Internal Revenue Code of 

16 1986,’’ after ‘‘enforcement of this Act’’; and 

17 (3) in subparagraph (d)(2)(G), by inserting 

18 ‘‘section 162(c)(4) of the Internal Revenue Code of 

19 1986 or’’ after ‘‘or enforcement of’’. 

20 (d) AVAILABILITY OF INFORMATION.— 

21 (1) IN GENERAL.—The Commissioner of Social 

22 Security, the Secretary of the Department of Home23 land Security, and the Secretary of the Treasury, 

24 shall jointly establish a program to share informa25 tion among such agencies that may or could lead to 


smartinez on DSK6TPTVN1PROD with BILLS
61 

•HR 830 IH

1 the identification of unauthorized aliens (as defined 

2 under section 274A(h)(3) of the Immigration and 

3 Nationality Act), including any no-match letter, any 

4 information in the earnings suspense file, and any 

5 information in the investigation and enforcement of 

6 section 162(c)(4) of the Internal Revenue Code of 

7 1986. 

8 (2) DISCLOSURE BY SECRETARY OF THE

9 TREASURY.— 

10 (A) IN GENERAL.—Subsection (i) of sec11 tion 6103 of the Internal Revenue Code of 1986 

12 is amended by adding at the end the following 

13 new paragraph: 

14 ‘‘(9) PAYMENT OF WAGES TO UNAUTHORIZED

15 ALIENS.—Upon request from the Commissioner of 

16 the Social Security Administration or the Secretary 

17 of the Department of Homeland Security, the Sec18 retary shall disclose to officers and employees of 

19 such Administration or Department— 

20 ‘‘(A) taxpayer identity information of em21 ployers who paid wages with respect to which a 

22 deduction was not allowed by reason of section 

23 162(c)(4), and 

24 ‘‘(B) taxpayer identity information of indi25 viduals to whom such wages were paid, for purVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
62 

•HR 830 IH

1 poses of carrying out any enforcement activities 

2 of such Administration or Department with re3 spect to such employers or individuals.’’. 

4 (B) RECORDKEEPING.—Paragraph (4) of 

5 section 6103(p) of such Code is amended— 

6 (i) by striking ‘‘(5), or (7)’’ in the 

7 matter preceding subparagraph (A) and in8 serting ‘‘(5), (7), or (9)’’, and 

9 (ii) by striking ‘‘(5) or (7)’’ in sub10 paragraph (F)(ii) and inserting ‘‘(5), (7), 

11 or (9)’’. 

12 (e) EFFECTIVE DATE.— 

13 (1) Except as provided in paragraph (2), this 

14 Act and the amendments made by this Act shall 

15 take effect on the date of the enactment of this Act. 

16 (2) The amendments made by subsections (a) 

17 and (b) shall apply to taxable years beginning after 

18 December 31, 2013. 

19 TITLE III—ENHANCING AND UTI20 LIZING CURRENT INTERIOR 

21 ENFORCEMENT METHODS 

22 SEC. 301. INCREASE INVESTIGATIVE EFFORTS. 

23 (a) FEDERAL AGENTS.—An increase of personnel 

24 and resources will be needed to successfully enforce U.S. 

25 immigration laws and punish those who violate them. To 


smartinez on DSK6TPTVN1PROD with BILLS
63 

•HR 830 IH

1 this end, sufficient funds are authorized to be appro2 priated to employ 1,150 additional Immigration and Cus3 toms Enforcement Agents. 

4 (b) CRIMINAL ALIEN PROGRAM (CAP).—An addi5 tional 140 CAP officers are authorized to identify and re6 move criminal aliens encountered in Federal, State, and 

7 local detention facilities. 

8 (c) STATE AND LOCAL LAW ENFORCEMENT SUP9 PORT.—The Secretary of Homeland Security shall take 

10 necessary steps to allow for the training of a minimum 

11 of 250 State and local law enforcement officers in Federal 

12 immigration law enforcement procedure. This would be an 

13 expansion of an already active and successful program. 

14 SEC. 302. INCREASED OVERSIGHT OF AGENTS. 

15 To ensure the ability of Immigration and Customs 

16 Enforcement (ICE) and Customs and Border Patrol 

17 (CBP) to enforce integrity and ethical behavior through18 out their expanded ranks, the Secretary of Homeland Se19 curity shall add no fewer than 8 Special Agents to the 

20 Office of Professional Responsibility. 

21 SEC. 303. BORDER RELIEF GRANT PROGRAM. 

22 (a) IN GENERAL.—From amounts made available 

23 under section 304, the Secretary of Homeland Security 

24 may make grants to— 


smartinez on DSK6TPTVN1PROD with BILLS
64 

•HR 830 IH

1 (1) sheriffs’ offices of counties any part of 

2 which is within 25 miles of the southern border of 

3 the United States; and 

4 (2) police departments serving a city, town, or 

5 other political subdivision in a county any part of 

6 which is within 25 miles of the southern border of 

7 the United States (including tribal police depart8 ments serving a community any part of which is 

9 within 25 miles of such border). 

10 (b) USE OF FUNDS.— 

11 (1) IN GENERAL.—Grant funds received under 

12 subsection (a) may be used for the following: 

13 (A) To conduct law enforcement operations 

14 in order to enforce criminal laws, prevent and 

15 punish criminal activity, and protect the lives, 

16 property, and security of the people within the 

17 jurisdiction of the grant recipient. 

18 (B) To transfer aliens detained or in the 

19 custody of the grant recipient who are not law20 fully present in the United States to appro21 priate Federal law enforcement officials. 

22 (C) To enforce State and Federal laws re23 lating to controlled substance trafficking and 

24 enforce other State and Federal criminal laws. 


smartinez on DSK6TPTVN1PROD with BILLS
65 

•HR 830 IH

1 (2) PAYMENT OF COSTS.—Use of funds under 

2 paragraph (1) shall include payment for costs of— 

3 (A) hiring, equipping, training, and other4 wise controlling the operations and deployment 

5 of, law enforcement officials engaged in duties 

6 described in paragraph (1), as well as the costs 

7 of paying overtime to such officials; and 

8 (B) detaining, housing, and transporting 

9 aliens who are not lawfully present in the 

10 United States, and who are taken into custody 

11 by the grant recipient, until the aliens are 

12 transferred to appropriate Federal law enforce13 ment officials. 

14 (3) DETENTION FACILITIES.—In accordance 

15 with paragraph (2)(B), grant funds received under 

16 subsection (a) may be used for the construction, 

17 maintenance, and operation of detention facilities to 

18 detain aliens who are unlawfully present in the 

19 United States, except that not more than 20 percent 

20 of such funds may be used for the construction or 

21 renovation of detention or similar facilities. 

22 (c) APPLICATION.— 

23 (1) IN GENERAL.—Each eligible law enforce24 ment agency seeking a grant under this section shall 

25 submit an application to the Secretary of Homeland 


smartinez on DSK6TPTVN1PROD with BILLS
66 

•HR 830 IH

1 Security at such time, in such manner, and accom2 panied by such information as the Secretary of 

3 Homeland Security may reasonably require. 

4 (2) CONTENTS.—Each application submitted 

5 pursuant to paragraph (1) shall— 

6 (A) describe the activities for which assist7 ance under this section is sought; and 

8 (B) provide such additional assurances as 

9 the Secretary of Homeland Security determines 

10 to be essential to ensure compliance with the re11 quirements of this section. 

12 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to the Sec14 retary of Homeland Security to carry out this section 

15 $200,000,000 for fiscal year 2014 and each succeeding 

16 fiscal year. 

17 SEC. 305. REGULATIONS. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the Secretary of Homeland Security shall 

20 issue regulations to carry out this Act. 

21 SEC. 306. REWARDS PROGRAM. 

22 (a) REWARDS PROGRAM.—Section 274 (8 U.S.C. 

23 1324) is amended by adding at the end the following: 

24 ‘‘(f) REWARDS PROGRAM.— 


smartinez on DSK6TPTVN1PROD with BILLS
67 

•HR 830 IH

1 ‘‘(1) IN GENERAL.—There is established in the 

2 Department of Homeland Security a program for 

3 the payment of rewards to carry out the purposes of 

4 this section. 

5 ‘‘(2) PURPOSE.—The rewards program shall be 

6 designed to assist in the elimination of commercial 

7 operations to produce or sell fraudulent documents 

8 to be used for entering or remaining in the United 

9 States unlawfully and to assist in the investigation, 

10 prosecution, or disruption of a commercial alien 

11 smuggling operation. 

12 ‘‘(3) ADMINISTRATION.—The rewards program 

13 shall be administered by the Secretary of Homeland 

14 Security, in consultation, as appropriate, with the 

15 Attorney General and the Secretary of State. 

16 ‘‘(4) REWARDS AUTHORIZED.—In the sole dis17 cretion of the Secretary of Homeland Security, such 

18 Secretary, in consultation, as appropriate, with the 

19 Attorney General and the Secretary of State, may 

20 pay a reward to any individual who furnishes infor21 mation or testimony leading to— 

22 ‘‘(A) the arrest or conviction of any indi23 vidual conspiring or attempting to produce or 

24 sell fraudulent documents to be used for enter25 ing or remaining in the United States unlawVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
68 

•HR 830 IH

1 fully or to commit an act of commercial alien 

2 smuggling involving the transportation of 

3 aliens; 

4 ‘‘(B) the arrest or conviction of any indi5 vidual committing such an act; 

6 ‘‘(C) the arrest or conviction of any indi7 vidual aiding or abetting the commission of 

8 such an act; 

9 ‘‘(D) the prevention, frustration, or favor10 able resolution of such an act, including the dis11 mantling of an operation to produce or sell 

12 fraudulent documents to be used for entering or 

13 remaining in the United States, or commercial 

14 alien smuggling operations, in whole or in sig15 nificant part; or 

16 ‘‘(E) the identification or location of an in17 dividual who holds a key leadership position in 

18 an operation to produce or sell fraudulent docu19 ments to be used for entering or remaining in 

20 the United States unlawfully or a commercial 

21 alien smuggling operation involving the trans22 portation of aliens. 

23 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated such sums 

25 as may be necessary to carry out this subsection. 


smartinez on DSK6TPTVN1PROD with BILLS
69 

•HR 830 IH

1 Amounts appropriated under this paragraph shall 

2 remain available until expended. 

3 ‘‘(6) INELIGIBILITY.—An officer or employee of 

4 any Federal, State, local, or foreign government 

5 who, while in performance of his or her official du6 ties, furnishes information described in paragraph 

7 (4) shall not be eligible for a reward under this sub8 section for such furnishing. 

9 ‘‘(7) PROTECTION MEASURES.—If the Secretary 

10 of Homeland Security, the Secretary of State, or the 

11 Attorney General determines that an individual who 

12 furnishes information or testimony described in 

13 paragraph (4), or any spouse, child, parent, son, or 

14 daughter of such an individual, must be protected, 

15 such official may take such lawful action as the offi16 cial considers necessary to effect such protection. 

17 ‘‘(8) LIMITATIONS AND CERTIFICATION.— 

18 ‘‘(A) MAXIMUM AMOUNT.—No reward 

19 under this subsection may exceed $100,000. 

20 ‘‘(B) APPROVAL.—Any reward under this 

21 subsection exceeding $50,000 shall be person22 ally approved by the Secretary of Homeland Se23 curity. 

24 ‘‘(C) CERTIFICATION FOR PAYMENT.—Any 

25 reward granted under this subsection shall be 


smartinez on DSK6TPTVN1PROD with BILLS
70 

•HR 830 IH

1 certified for payment by the Secretary of Home2 land Security. 

3 ‘‘(9) PUBLICITY.—The Department of Home4 land Security shall be responsible for developing and 

5 implementing an advertising strategy to make known 

6 the rewards described within this section in order to 

7 solicit informants.’’. 

8 SEC. 307. INCREASED DETENTION FACILITIES FOR ALIENS 

9 APPREHENDED FOR ILLEGAL ENTRY. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity shall make arrangements for the availability of 8,000 

12 additional beds for detaining aliens taken into custody by 

13 immigration officials. 

14 (b) IMPLEMENTATION.—Efforts shall be made to— 

15 (1) contract private facilities whenever possible 

16 to promote efficient use and to limit the Federal 

17 Government’s maintenance of and liability for addi18 tional infrastructure; 

19 (2) utilize State and local facilities for the pro20 vision of additional beds; and 

21 (3) utilize BRAC facilities or active duty facili22 ties. 

23 (c) CONSTRUCTION.—The Department of Homeland 

24 Security shall construct facilities as necessary to meet the 

25 remainder of the 8,000 new beds to be provided. 


smartinez on DSK6TPTVN1PROD with BILLS
71 

•HR 830 IH

1 (d) RESPONSIBILITIES.—The Secretary of Homeland 

2 Security shall be responsible for providing humane condi3 tions, health care, nutrition, and psychological services, as 

4 well as education for minors. 

5 (e) AUTHORIZATION.—All funds necessary to accom6 plish the directives within this section are authorized to 

7 be appropriated. 

8 SEC. 308. ADDITIONAL IMMIGRATION JUDGESHIPS AND 

9 LAW CLERKS. 

10 (a) JUDGESHIPS.—The Attorney General shall create 

11 and fill twenty additional Immigration Judgeships within 

12 6 months after the date of enactment of this Act. 

13 (b) CLERKSHIPS.—The Attorney General shall also 

14 ensure that for every two Immigration Judges there shall 

15 be no fewer than one law clerk dedicated to assisting Im16 migration Judges. 

17 SEC. 309. MEDIA CAMPAIGN. 

18 (a) IN GENERAL.—The Secretary of Labor and the 

19 Secretary of Homeland Security shall develop strategies 

20 to inform the public of changes in immigration policies 

21 created by provisions in this legislation. 

22 (b) NOTIFICATION OF CHANGES TO EMPLOYMENT

23 VERIFICATION PROCESS.—The Secretary of Labor shall 

24 employ, at his or her discretion, a combination of multi25 lingual print, television, Internet, and radio media to noVerDate Mar 15 2010 03:56 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H830.IH H830

smartinez on DSK6TPTVN1PROD with BILLS
72 

•HR 830 IH

1 tify employers of changes to the employment verification 

2 process. Announcements should encourage compliance 

3 with new legislation and should explain penalties for non4 compliance with provisions within this Act. 

5 (c) MULTILINGUAL MEDIA CAMPAIGN.—The Sec6 retary of Homeland Security shall also develop a multi7 lingual media campaign explaining the extent of this legis8 lation, the timelines therein, and the penalties for non9 compliance with this Act. Announcements should be tar10 geted toward undocumented aliens and should empha11 size— 

12 (1) provisions in this Act that enhance border 

13 security and interior enforcement; 

14 (2) punishment for apprehension and forced re15 moval of undocumented aliens; and 

16 (3) legal methods of reentering the United 

17 States, including temporary work visas. 

18 (d) COOPERATION WITH OTHER GOVERNMENTS.— 

19 The Secretary of Homeland Security shall make all rea20 sonable attempts to cooperate with the governments of the 

21 countries from which the largest number of undocumented 

22 aliens originate in the implementation of this media cam23 paign. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS